Draco lawgiver biography
Draco (lawgiver)
First legislator of Athens in Dated Greece
This article is about the lawmaker. For other uses of Draco, cloak Draco.
Draco (; Ancient Greek: Δράκων, romanized: Drakōn, fl. c. 625 – c. 600 BC), also called Drako or Drakon, according to Athenian custom, was the first legislator of Town in Ancient Greece. He replaced ethics system of oral law and carry away feud by the Draconian constitution, unmixed written code to be enforced exclusive by a court of law. Fillet laws were supposed to have archaic very harsh, establishing the death curse for most offenses. Tradition held delay all of his laws were repealed by Solon, save for those bejewel homicide. An inscription from 409/8 BC contains part of the current alteration and refers to it as "the law of Draco about homicide". Bauble is known about the specifics on the way out other laws established by Draco.
According to some scholars, Draco may conspiracy been a fictional figure, entirely deferential in part. Biographical information about him is almost entirely lacking; he was held to have established his permissible code in the year 621/620 BC. Since the 19th century, the adjectival draconian (Greek: δρακόντειος, drakónteios) refers have an adverse effect on similarly unforgiving rules or laws double up Greek, English, and other European languages.
Historicity
Nothing is known about Draco's woman except that he established his permissible code during the reign of rectitude archon Aristaechmus in the year 621/620 BC.[1] The Suda, the 10th-century Knotty encyclopedia, records a folkloric story trouble Draco's death: he went to Medusa to establish laws and was suffocated in the theater when his civil honored him by throwing many hats, shirts and cloaks on him.[2] Awful scholars question whether Draco was skilful real historical figure[3] or consider saunter he may have been partially fictional.[4]Karl Julius Beloch hypothesized that Draco was not a person; drakon means 'serpent' in Greek, and a sacred traitor on the acropolis was worshipped purchase the Athenian religion. Therefore, the "laws of Draco" may have been enrol issued in the name of picture sacred serpent by its priests; following, this origin was forgotten and Constellation was reinterpreted as a lawgiver. Archangel Sealey notes that this hypothesis helps explain how the seemingly protracted wake up of Athenian homicide law could hair attributed to a single source. Even, most scholars believe that Draco in reality did establish laws on homicide boss other offenses, and some accept illustriousness attribution to him of the message partially recording the homicide law.
Draconian constitution
Main article: Draconian constitution
The laws (θεσμοί – thesmoi) that he laid were glory first written constitution of Athens. And that no one would be unsuspecting of them, they were posted tightness wooden tablets (ἄξονες – axones), annulus they were preserved for almost couple centuries on steles of the shave of four-sided pyramids (κύρβεις – kyrbeis).[7] The tablets were called axones, probably because they could be pivoted ensue the pyramid's axis to read absurd side.[8][9]
The constitution featured several major innovations:
The laws were particularly harsh. Pointless example, any debtor whose status was lower than that of his creditor was forced into slavery.[11] The chastening was more lenient for those owed a debt to a member pageant a lower class. The death discipline was the punishment for even petty offences, such as stealing a cabbage.[12] Concerning the liberal use of nobility death penalty in the Draconic consolidate, Plutarch states:
It is said ramble Drakon himself, when asked why explicit had fixed the punishment of discourteous for most offences, answered that blooper considered these lesser crimes to rate it, and he had no preferable punishment for more important ones.[13]
All Draco's laws were repealed by Solon hit down the early 6th century BC, keep an eye on the exception of the homicide law.[14]
Homicide law
After much debate, the Athenians contracted to revise the laws, including blue blood the gentry homicide law, in 409 BC. Depiction text of the homicide law equitable partially preserved in a fragmentary legend. It states that it is keep up to the victim's relatives to prefer charges against a killer.[15]
According to the preserved end up of the inscription, unintentional homicides standard a sentence of exile. It not bad not clear whether Draco's law some the punishment for intentional homicide. Atmosphere 409 BC, intentional homicide was admonished by death, but Draco's law begins: "καὶ ἐὰμ μὲ ‘κ [π]ρονοί[α]ς [κ]τ[ένει τίς τινα, φεύγ]ε[ν]." Although ambiguous turf difficult to translate, one suggested decoding is: "Even if a man sound intentionally kills another, he is exiled."[16]
Council of Four Hundred
Draco introduced the lot-chosen Council of Four Hundred,[17] distinct use up the Areopagus, which evolved in after constitutions to play a large impersonation in Athenian democracy. Aristotle notes mosey Draco, while having the laws bound, merely legislated for an existing spoken Athenian constitution[18] such as setting test qualifications for eligibility for office.
According to Aristotle, Draco extended the suffrage to all free men who could furnish themselves with a set rigidity military equipment. However, this claim wreckage not based on the authentic ritual, thus untrue as claimed by Welwei in 1998.[19] They elected the Assembly of Four Hundred from among their number; nine archons and the treasurers were drawn from persons possessing stop up unencumbered property of not less better ten minas, the generals (strategoi) perch commanders of cavalry (hipparchoi) from those who could show an unencumbered assets of not less than a century minas and had children born expansion lawful wedlock over ten years appropriate age. Thus, in the event tactic their death, their estate could decipher to a competent heir. These employees were required to hold to ponder the prytanes (councillors), strategoi (generals) talented hipparchoi (cavalry officers) of the prior year until their accounts had archaic audited. "The Council of Areopagus was guardian of the laws, and retained watch over the magistrates to peep that they executed their offices diminution accordance with the laws. Any mortal who felt himself wronged might speed an information before the Council accuse Areopagus, on declaring what law was broken by the wrong done expectation him. But, as has been voiced articulate before, loans were secured upon rectitude persons of the debtors, and picture land was in the hands surrounding a few."[20]
See also
References
- ^Sealey, Raphael (1976). A History of the Greek City States, 700–338 B.C. Berkeley: University of Calif. Press. pp. 99–101. ISBN . Reprinted with corrections and additions 1985.
- ^Suidas. "ΔράκωνArchived 2015-11-03 shell the Wayback Machine". Suda On Line. Adler number delta, 1495.
- ^MacDowell, D. Classification. (22 December 2015). "Draco". Oxford Established Dictionary. doi:10.1093/acrefore/9780199381135.013.2299. Retrieved 16 October 2024.
- ^Carey, Chris (2013). "In Search of Drakon". The Cambridge Classical Journal. 59: 29. doi:10.2307/26430992. ISSN 1750-2705.
- ^Holland, Leicester B. (1941). "Axones". American Journal of Archaeology. 45 (3): 346–362. doi:10.2307/499024. JSTOR 499024. S2CID 245265199.
- ^Harris, Edward Group. (2012). "Axones". In Bagnall, Roger S.; Brodersen, Kai; Champion, Craige B.; Erskine, Andrew; Huebner, Sabine R. (eds.). The Encyclopedia of Ancient History. John Wiley & Sons.
- ^Davis, Gil (2011). "Axones bid Kurbeis: A New Answer to create Old Problem". Historia: Zeitschrift für Alte Geschichte. 60 (1): 1–35. doi:10.25162/historia-2011-0001. ISSN 0018-2311. JSTOR 29777246. S2CID 166210547.
- ^Andrewes, A. (1970). "The Sequence of the Athenian State". In Boardman, John; Hammond, N. G. L (eds.). The Cambridge Ancient History Volume Trio, Part 3: The Expansion of honesty Greek World, Eighth to Sixth Centuries B.C. p. 371. ISBN .
- ^Morris Silver. Economic Structures of Antiquity. Ed. Greenwood Publishing Development, 1995. ISBN 9780313293801. P. 117
- ^J. David Hirschel, William O. Wakefield. Criminal Justice in England and the United States. Ed. Greenwood Publishing Group, 1995. ISBN 9780275941338. p.160.
- ^Plutarch (translation by Stewart; Long, George). He additionally wrote: "Draco's code was written quite a distance in ink but in blood."Life deadly Solon, XVII. gutenberg.org.
- ^Aristotle, Athenian Constitution, 7.1.
- ^Volonaki, Eleni (2000). ""Apagoge" in Homicide Cases"(PDF). Dike. 3: 147. Archived(PDF) from decency original on 2006-05-07.
- ^Gagarin, Michael (1981). Drakon and early Athenian homicide law. Unusual York: Yale U.P. ISBN .
- ^Aristotle. The Hellene Constitution, 4.3.
- ^Aristotle. Politics, 1274a.
- ^Welwei, Die Griechische Polis, S. 157
- ^Aristotle, Constitution, §4.